Have an annoying illegal lien on your property? Don’t worry – there’s a great way to get rid of the invalidly filed lien quickly and painlessly.In Louisiana, a summary proceeding, called a Mandamus action, can help remove an illegal lien from the title of your property. At Smiley Law, we always recommend our clients keep a clear title on their property and a Mandamus suit is a great way to ensure this.
Here are five facts to keep in mind:
Here at Smiley Law, we have experience in filing Mandamus actions to remove illegal liens.If you have an illegal lien and need help removing it, contact us today.
Won’t Take Too Long
A Mandamus action is a summary proceeding, meaning it shouldn’t take too much time to process and implement. Unlike ordinary litigation, a summary proceeding is an alternative form of litigation conducted without formalities, such as formal discovery, that helps provide for a speedy and prompt resolution to the matter.
Louisiana Law Has Your Back
In Louisiana, the Louisiana Private Works Act governs construction liens for private projects.Under this law, if all proper notice requirements are followed and the illegal lien is not removed from the mortgage records by other means than the Mandamus proceeding, then the property owner who brings the Mandamus suit is entitled to attorney fees and costs.As this sort of proceeding may cost you thousands in legal fees, this is a huge benefit.
Details Are Important
As with other forms of liens, the timing and technicalities of filing a lien is critical in order to preserve one’s rights. If a lien is not filed correctly against your property, you can have the lien removed, even against the will of the party filing the lien.
Clear Your Record
Even if you do not see an imperative need to do this today, you should still file suit to have illegal liens removed from your mortgage records. We recommend not waiting till an urgent need arises, such as wanting to sell your property or make changes to it. Selling or refinancing property is difficult, if not impossible, with an unclear title.
In Louisiana, a Mandamus suit for removal of an illegal lien can only be filed by an attorney (or individual if self-represented). Unless you are well-versed in how to file a Mandamus suit in a timely and orderly fashion, we recommend seeking advice from legal counsel. Many attorneys in Louisiana refer lien removal cases to Smiley Law because the law is very technical.
Here at Smiley Law, we have experience in filing Mandamus actions to remove illegal liens. If you have an illegal lien and need help removing it, contact us today.